Hoback v. Kilgores
Supreme Court of Virginia
This was a suit in equity in the Circuit court of Wise county, brought in August 1872, by Levi Hobaek against Isaac and Hiram Kilgore, to enforce a contract for the sale of a tract of land by Isaac Kilgore to Hoback. The plaintiff in his bill charged that Isaac Kilgore had sold him the land, and assured him that the tract contained one hundred and twenty-seven and a half acres, for which he was to pay him $1,400; which he had paid.
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This was a suit in equity in the Circuit court of Wise county, brought in August 1872, by Levi Hobaek against Isaac and Hiram Kilgore, to enforce a contract for the sale of a tract of land by Isaac Kilgore to Hoback. The plaintiff in his bill charged that Isaac Kilgore had sold him the land, and assured him that the tract contained one hundred and twenty-seven and a half acres, for which he was to pay him $1,400; which he had paid. That he had since had the land surveyed, and the tract in fact contained but eighty-one acres and a fraction. He therefore claimed compensation for the deficiency.…
1Opinion of the Court
Moncure, P.
delivered the opinion of the court.
The court is of opinion, that there was a mutual mistake between the vendor and vendee in this case as to the quantity of land included in the boundaries of the tract sold by Isaac Kilgore to-Levi Hoback, as in the proceedings mentioned; the vendor having represented to the vendee that the said quantity was one hundred and twenty-sevén and a half acres, and the vendee having made the purchase on the faith of that representation; whereas, in truth and in fact, there were but eighty-one acres of land in the said tract.
The court is further of…
2Cited by15 opinions
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- French v. ChapmanSupreme Court of Virginia · 1891
- Lichtenthaler v. ClowOregon Supreme Court · 1923
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